Canadian Forces Superannuation Regulations (C.R.C., c. 396)

Former Participants Under the Reserve Force Pension Plan Regulations

10.2 Any period of pensionable service to the member’s credit under section 34 of the Reserve Force Pension Plan Regulations on the day before the day on which the member becomes a contributor is counted as a period of pensionable service to the contributor’s credit for the purposes of Part I of the Act.

10.3 A member who has made a pensionable earnings election, and is still paying in respect of the election by way of instalments on the day before the day on which the member becomes a contributor, is required to pay into the Canadian Forces Pension Fund, by instalments reserved from pay and allowances or otherwise, amounts equal to the unpaid instalments on the same terms and conditions as set out in sections 18 to 23 of the Reserve Force Pension Plan Regulations as those that would apply to a participant under those Regulations in respect of a pensionable earnings election.

Service Without Pay

• 11 (1) Any period of service of a contributor in the Canadian Forces of 60 consecutive days or less for which one of the following measures has been authorized under regulations made under the National Defence Act must, to the extent that it may otherwise be counted as pensionable service under the Act, be counted as pensionable service, whether or not the person was a contributor during that service, but any period of that service that exceeds 60 consecutive days must not be counted as pensionable service:

  • (a) a forfeiture;

  • (b) a deduction from pay in respect of a period of suspension from duty; or

  • (c) a forfeiture together with a deduction from pay in respect of a period of suspension from duty.

• (2) Any portion of a period of service of a contributor that is three months or less in duration and in respect of which no pay was authorized to be paid, other than any period of service during which a deduction or forfeiture described in paragraph (1)(a), (b) or (c) has been imposed, shall be counted as pensionable service.

• (2.1) Where a period of service of a contributor in respect of which no pay was authorized to be paid, other than any period of service during which a deduction or forfeiture described in paragraph (1)(a), (b) or (c) has been imposed, exceeds three months, the portion of the period of service that is in excess of three months shall be counted as pensionable service unless the contributor elects not to count that service as pensionable service.

• (2.2) An election not to count as pensionable service the portion of the period of service in excess of three months referred to in subsection (2.1) must be made by

  • (a) completing Form CFSA 102 (Surrender of the Right to Count Pensionable Service Without Pay) set out in Schedule III within 90 days after the later of

    • (i) the end of the period of service, and

    • (ii) the day on which the contributor is required to resume making contributions under the Act; and

  • (b) sending the form to the Minister, or a person designated by the Minister, within 30 days after making the election.

• (2.3) In respect of a contributor who, as a reserve force member, was entitled to exercise the option referred to in section 8 of the Reserve Force Pension Plan Regulations, that section continues to apply until all of the contributions referred to in that section have been paid.

• (2.4) A contributor who, as a reserve force member, exercised the option referred to in section 8 of the Reserve Force Pension Plan Regulations cannot elect to count as pensionable service any day of reserve force service in respect of which that option was exercised.

• (3) Contributions are not required in respect of

  • (a) any portion of a period of service that exceeds 60 days in duration in respect of which a deduction or forfeiture described in paragraph (1)(a), (b) or (c) has been imposed; or

  • (b) any service in respect of which an election has been made under subsection (2.1).

• (4) During a period of service of a contributor, other than a member of the reserve force, that is countable as pensionable service under subsection (1), (2) or (2.1), the contributor is, for the purposes of the Act, deemed to have been authorized to be paid and to have received pay during that period at the rate of pay authorized for the rank held by the contributor at the commencement of the period.

• (4.1) During a period of service of a contributor, who is a member of the reserve force, that is countable as pensionable service under subsection (2) or (2.1), if the contributor is exempted from training and duty under article 9.09 or 9.10 or is granted leave for maternity or parental purposes under article 16.26 or 16.27 of the Queen’s Regulations and Orders for the Canadian Forces, the contributor is, for the purposes of the Act, deemed to have been authorized to be paid and to have received pay during each week for which the contributor is exempted or granted leave, equal to the weekly rate of pay calculated in accordance with instruction 205.461(7) of the Compensation and Benefits Instructions for the Canadian Forces established under section 35 of the National Defence Act.

• (5) The contributions required to be paid by a contributor for a period of pensionable service described in subsection (2) or (2.1) shall be paid

  • (a) by reservation in approximately equal instalments from the contributor’s pay for a period equal to the period of service without pay, commencing on the later of

    • (i) the day following the day on which the period expires, and

    • (ii) the day on which the contributor is required to resume making contributions under the Act; or

  • (b) at the option of the contributor, in a lump sum at any time prior to the completion of payment under paragraph (a).

• (5.1) Where a contributor who is paying an amount by instalments under paragraph (5)(a) commences another period in respect of which no pay is authorized to be paid, other than a period of service during which a deduction or forfeiture described in paragraph (1)(a), (b) or (c) has been imposed, before all instalments have been paid under paragraph (5)(a),

  • (a) payment of the unpaid instalments is deferred until the later of

    • (i) the day following the day on which the most recent period of service without pay expires, and

    • (ii) the day on which the contributor is required to resume making contributions under the Act; and

  • (b) an amount equal to the aggregate of the amount of the unpaid instalments and the amount payable in respect of the most recent period of service without pay shall be paid in the manner set out in subsection (5), except that the period over which the unpaid instalments were to be paid shall be added to the period of repayment in respect of the most recent period of service without pay.

• (6) Any amount payable by a contributor under this section that is unpaid upon their ceasing to be a member of the regular force shall be reserved in the manner prescribed for recovery of unpaid instalments under subsection 14(5).

• (7) A contributor who is entitled to count as pensionable service any period of service described in subsection (1), (2) or (2.1) shall contribute to the Superannuation Account or Canadian Forces Pension Fund in respect of that service an amount equal to the amount that the contributor would have been required to contribute in respect of the pay deemed by subsection (4) to have been authorized to be paid to the contributor during that period

  • (a) in respect of any portion of a period of service described in subsection (1) that was prior to 1966 or a period of service described in subsection (2) or (2.1), in the manner and at the rate set out in subsection 4(1) of the Act as that subsection read on December 31, 1965;

  • (b) in respect of any portion of a period of service described in subsection (1) that was after 1965 and prior to April 1, 1969, in the manner and at the rate set forth in subsection 4(1) of the Act as that subsection read on March 31, 1969;

  • (c) in respect of any portion of a period of service described in subsection (1) that was after March 31, 1969, in the manner and at the rates set out in subsection 5(1) of the Act; and

  • (d) interest, as defined in subsection 12.3(3), on any amount determined under any of paragraphs (a) to (c).

• (8) A contributor who, under subsection 7(1) of the Act, elects to count as pensionable service any period of service of a kind referred to in paragraph 12.2(1)(n) of these Regulations that the contributor had previously elected under subsection (2.1) not to count as pensionable service must pay to the Superannuation Account or Canadian Forces Pension Fund an amount equal to

  • (a) in the case of an election made under subsection 7(1) of the Act within one year after the day on which the contributor is required to resume making contributions under the Act,

    • (i) the amount that the contributor would have been required to contribute in respect of that period of service had the contributor not made the election, and

    • (ii) interest, as defined in subsection 12.3(3); and

  • (b) in any other case,

    • (i) the amount that the contributor would have been required to contribute if the rate of pay for that period of service had been the rate of pay in effect on the day on which the election for a period of service of a kind referred to in paragraph 12.2(1)(n) is made, and

    • (ii) interest, as defined in subsection 12.3(3).

• 11.1 (1) Despite Part I of the Act, a contributor must not count as pensionable service any period of service, or any portion of a period of service, in respect of which no pay was authorized to be paid — other than a period of service or portion of a period of service during which a deduction or forfeiture described in paragraph 11(1)(a), (b) or (c) has been imposed — and that begins after May 15, 1997 unless compensation can be prescribed in respect of that period or portion of a period under subsection 8507(2) of the Income Tax Regulations, as that subsection read on January 15, 1992.

• (2) A contributor who, by reason of subsection (1), cannot count as pensionable service a period of service, or a portion of a period of service, in respect of which no pay was authorized to be paid

  • (a) despite Part I of the Act, is not required to contribute to the Superannuation Account or Canadian Forces Pension Fund in respect of that period or portion of a period; and

  • (b) for the purposes of Part II of the Act, remains a participant within the meaning of subsection 60(1) of the Act in respect of that period or portion of a period.

12 [Repealed, SOR/2025-256, s. 11]

Maximum Pay

12.1 For the purposes of subsection 5(5) of the Act, the annual rate of pay is equal to the amount determined by the following formula and rounded to the next highest multiple of $100:

Elective Service

• 12.2 (1) For the purposes of subsection 7(1) of the Act, the kinds of periods of service for which a contributor may elect to pay are as follows:

  • (a) any period of service during which they were employed in the public service on a full-time basis and were in receipt of salary and any period of service with any board, commission or corporation in, or any portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960 during which they were employed on a full-time basis and were in receipt of salary;

  • (b) any period of service as a member of the Royal Canadian Mounted Police;

  • (c) any period of service on active service during time of war in the naval, army or air forces of His Majesty raised by Canada;

  • (d) any period of service in the Canadian Army Special Force established on August 7, 1950;

  • (e) any period of full-time service during time of war in the Second World War, during the period beginning on September 10, 1939 and ending on September 30, 1947, in the naval, army or air forces of His Majesty other than those raised by Canada;

  • (f) any period of full-time service during time of war or otherwise in the permanent naval, army or air forces of His Majesty other than those raised by Canada, except any similar period of service that may be counted by them under paragraph (e);

  • (g) any continuous period of full-time service of three months or more in the Canadian Forces or in the naval, army or air forces of His Majesty raised by Canada, other than the regular force, except any similar period of service that may be counted by them under paragraph (i);

  • (h) one-fourth of any period of service in the Canadian Forces or in the naval, army or air forces of His Majesty raised by Canada, other than the regular force, during which they were liable to be called out for periodic training or duty by the Governor in Council otherwise than during an emergency, except any similar period of service that may be counted by them under paragraph (c), (g) or (i);

  • (i) in the case of a member or former member of the reserve force who becomes a contributor on or after March 1, 2007, any period of service referred to in subsection (5);

  • (j) any period of service that they were entitled to count as pensionable service under section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 12.7 of these Regulations or any other period of service in respect of which they may elect to surrender an annuity or allowance under subsection 12.9(2);

  • (k) any period of service in respect of which they were entitled to be paid a return of contributions or other lump sum payment under the Act or Part V of the former Act;

  • (l) any period of service under this section for which they might have elected to pay under the Act, Part V of the former Act, the Civil Service Superannuation Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under the Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, but for which they failed so to elect within the prescribed time;

  • (m) any period of service for which they had revoked their election to pay under subsection 13(1); and

  • (n) any period of service in respect of which the contributor makes an election under subsection 9(1) of the Act.

• (2) If the contributor elects to pay for a period of service of a kind referred to in subsection (1), other than paragraph (1)(j), they must do so

  • (a) in the case of a period of service of a kind referred to in paragraph (1)(a) during which they were employed in the public service on a full-time basis, within one year after the day on which they became a contributor under the Act;

  • (b) in the case of a period of service of a kind referred to in paragraph (1)(a) that was performed with any board, commission or corporation in, or any portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, within one year after the day on which that addition was made;

  • (c) in the case of a period of service of a kind referred to in any of paragraphs (1)(b) to (h), within one year after the day on which they became a contributor under the Act;

  • (d) in the case of a period of service of a kind referred to in paragraph (1)(i), during the period beginning on the day on which they become or, if the contributor ceased to contribute to the Canadian Forces Pension Fund before the end of the last period in which they were entitled to make the election, again become a contributor and ending one year after the date of the written notice advising the contributor that they have become entitled to make the election;

  • (e) in the case of a period of service of a kind referred to in paragraph (1)(k), within one year after the day on which they again became, for the first time, a contributor under the Act after having received the return of contributions or payment referred to in that paragraph; or

  • (f) in the case of a period of service of a kind referred to in any of paragraphs (1)(l) to (n), before they cease to be a member of the regular force.

• (3) An election for any period of service of a kind referred to in paragraph (1)(i) applies to all of the contributor’s periods of service referred to in subsection (5), but only the periods that would result in a maximum of 35 years of pensionable service to the credit of the contributor are to be counted as years of pensionable service, starting with the most recent ones.

• (4) A contributor who is a member or former member of the reserve force and who became a contributor on or after March 1, 2007 may not to pay for a period of service of a kind referred to in paragraph (1)(l) or (m) that is a period of service referred to in subsection (5).

• (5) For the purposes of paragraph (1)(i) and subsections (3) and (4), periods of service are those that are performed in the reserve force and

  • (a) in respect of which the contributor was not required to contribute to the Superannuation Account or Canadian Forces Pension Fund;

  • (b) during which the contributor was not a participant under the Reserve Force Pension Plan Regulations, other than any period in the reserve force in respect of which the contributor was entitled to a return of contributions within the meaning of section 38 of those Regulations;

  • (c) that the contributor is not counting as pensionable service for the purposes of, or in respect of which the payment of a transfer value or a commuted value has not been effected under, the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act; and

  • (d) in respect of which the contributor has not lost the right to make a pensionable earnings election.